Very often, unscrupulous law enforcement officers illegally refuse to initiate a criminal case on your application. Despite this, you can always challenge this decision of the investigator.
Instructions
Step 1
To begin with, you should know for what reason they may refuse to initiate a criminal case.
Currently, they can refuse to initiate a criminal case only if there are no grounds for initiating it or the crime is not significant and does not pose a danger. For example, if it is a disciplinary offense or an administrative offense.
Step 2
The prosecutor, investigator or interrogator are obliged to issue a resolution refusing to initiate a criminal case. In addition, within three days they must familiarize the applicant with the decision by providing him with a copy of the decision.
Step 3
What if a crime took place and the prosecutor, investigator or interrogator refused your application? Appeal against the ruling. It can be appealed not only by the applicant, but also by any interested person.
Step 4
First, read the regulation carefully.
Pay attention to the formal basis at the end of the document. There will necessarily be links to articles of the Criminal Procedure Code of the Russian Federation. Read and justify the decision. It is contained at the beginning of the document in the motivation part.
Please note that 4 mandatory parts are required to initiate a criminal case: the subject, the object, the subjective side of the crime, the objective side. If some of them are not there, it is useless to appeal the decisions.
Step 5
Make an application for familiarization with the materials of the inspection, the materials of which served as a refusal to initiate. To do this, write a statement addressed to the head of the body whose employee issued the order. In the application, indicate:
1) the procedural situation in which you are located;
2) the date of filing an application for the initiation of a criminal case, its essence;
3) the number and date of the decision;
4) the number and date of the inspection (usually indicated in the resolution);
5) the requirement to familiarize themselves with the material of the inspection carried out with reference to Part 2 of Art. 24 of the Constitution of Russia, which gives the right to familiarize yourself with materials that directly affect your interests;
6) ask for permission to use technical means, because you will need to make copies of the documents contained in the inspection materials.
Date and sign. Write the application in duplicate. One will remain with you with a note that the application is accepted for consideration.
Step 6
After familiarization with the materials of the check, you can directly appeal the decision itself.
A complaint can be submitted to the head of the investigative body that made the decision to refuse to initiate, or to the prosecutor's office or court. You decide.
1. In the header of the document, indicate the name of the authority to which the complaint will be addressed. Surname and initials of the head. If a complaint is filed with a court, then the name of the president of the court is not required.
2. Indicate your last name, first name, patronymic, your procedural status, residential address and contact numbers.
3. Point out the order you are challenging, your reasons and what your rights have been violated.
4. Write your requirements.
5. It must be mentioned in the complaint that the decision of the investigator was unfounded, unmotivated and does not comply with the criminal procedure legislation.
Try to refute the arguments of the prosecutor, investigator, interrogator, and also give your reasoned and supported arguments.
6. Date and sign. Write your complaint in two copies, one of which will remain with you.
